* * * Enjoy the bicycle anti-theft positioning system.
In the field of * * * cycling, one kind is a self-developed vehicle represented by mobike. This vehicle has a smart lock, which can not only lock the car, but also has a built-in battery, gps and networking module to realize the positioning function. When users ride, they generate electricity through the power generation device and then store it in the battery to ensure the power consumption of gps and other components.
The other category is ofo: ordinary vehicles, mechanical code locks (it seems that there is only one ofo at present). The cost of mobike is 3000+, and the cost of ofo is only about that of 200 yuan. Isn't it strange that the cost is so different and the functions are the same?
Let's take a look at the use process of the yellow car that users can perceive (excluding the situation of no deposit and insufficient balance). In this process, there are only two steps in the interaction between the user and the server, one is the process of obtaining the password, and the other is the process of deducting the fee after riding. The yellow car has no positioning device. How do users locate nearby vehicles before using them?
The secret lies in the interaction between the user and the server. In fact, ofo has taken a clever approach: although the yellow car has no positioning system, it can locate the rider's position through the app or WeChat official account, and obtaining the rider's position is equivalent to obtaining the position of the yellow car. After riding for a period of time, when users operate "End Riding" on the app or WeChat official account of ofo, they will not only upload their riding time, but also upload their current geographical location. Ofo shows this location as the current location of this car on the map. When people nearby look for a car in ofo's app or WeChat official account, this location will be displayed on the map. To put it simply, the position at the end of the last user's cycling cycle is taken as the position for the next user to find a car. In fact, there are still some imperceptible parts in the process of user operation, as shown in the following figure:
Ofo has realized the positioning function similar to that of mobike at a very low cost. This method is very clever, and there are bound to be many imprecise places, which also leads to some inconvenience in operation. For example, after riding a car, the user forgot to click "End Riding" and walked home for a while before remembering to click. At this time, the location obtained by the server is actually junk data. There is actually no car in this location, but ofo will mark this address as used. Mark this location with a car on the map. When someone is looking for a car nearby, the map will show that there are cars around, which is very deceptive. I think many friends have encountered such a situation.
This kind of positioning will not only pit others, but also pit yourself. Ofo can only locate the vehicle according to the location information submitted by the user. If the location is wrong, the vehicle can't be found. If the vehicle is taken away by the urban management and stolen, ofo hardly knows. It is also more troublesome to maintain the vehicle.
* * * Aren't you afraid of being stolen while enjoying your bike?
The possible legal consequences of intentionally destroying the enjoyment of bicycles.
Suspected of vandalism of public and private property
A. According to Article 275 of the Criminal Law of People's Republic of China (PRC), if the crime of intentionally destroying property is relatively large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
B. Prosecution standard
According to Article 33 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, anyone who intentionally destroys public or private property and is suspected of one of the following circumstances shall file a case for prosecution:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) destroying public or private property for more than three times;
(3) Gathering three or more people to openly destroy public or private property;
(4) Other serious circumstances.
According to the above-mentioned laws and regulations, intentionally destroying public and private property (such as destroying bicycles enjoyed by * * * *) is a crime of intentionally destroying public and private property. However, there are different standards in the amount of crimes. For details, please refer to the specific standards of various provinces and cities.
The question is, if it does not meet the above standards and does not constitute the crime of intentionally damaging public and private property, can it not bear any legal consequences?
According to Article 49 of the Law on Public Security Administration Punishment, those who steal, cheat, rob, rob, extort or intentionally damage public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
According to this regulation, as long as there is sabotage, you can be punished by public security management, and the heavier punishment will be aggravated accordingly.
Suspected of theft
(1) According to Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or commits burglary, armed burglary or pickpocketing for many times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
(2) The specific criteria for determining "large amount" and "huge amount" shall be determined by the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government within the above range according to the level of local economic development and social security (for example, if the value of stealing public or private property in Fujian Province reaches 3,000 yuan, 60,000 yuan and 300,000 yuan, the "large amount", "huge amount" and "specified in Article 264 of the Criminal Law shall be determined respectively.
(III) Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft Article 2 Whoever steals public or private property may determine the standard of "large amount" according to 50% of the standard stipulated in the preceding article:
(1) Having received criminal punishment for theft;
(2) Having received administrative punishment for theft within one year;
(3) Organizing and controlling theft by minors;
(4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents;
(five) theft of property of the disabled, the elderly and the disabled;
(six) stealing the property of patients or their relatives and friends in the hospital;
(seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;
(eight) serious consequences caused by theft.
Possession of bicycles was sentenced to three months' detention.
Experts said that Shanghai's precedent was "shocking"
The Minhang District People's Court of Shanghai made a first-instance judgment on a bicycle theft case. Defendant Han was sentenced to three months' criminal detention, suspended for three months and fined RMB 1000 yuan for moving his bicycle home, which constituted theft. This case is undoubtedly a wake-up call for destroying and hiding bicycles, but the question is, can we only use criminal punishment to curb the behavior of destroying and hiding bicycles?